All fictitious name certificates for businesses (commonly known as "doing business as" or "DBA" certificates) are filed with the Town Clerk. Massachusetts requires anyone who is conducting business under an alias (i.e., any name other than their own), including corporations, to file a business certificate in the community where their business is principally headquartered.
This form, also called a DBA, contains the name and address of the business and the names and residences of the principals of the business. This certificate must be signed in the presence of Town Clerk or a Notary Public. The Town Clerk fee for notarizing a document is $5 per notarization. ID is required to notarize a document.
The certificate is effective for 4 years and the filing fee is $60. The fee for filing an amendment is $20.
Trademark and Service Mark Issues
DBA certificates allow consumers to identify and locate the proprietor of a business. The filing of a DBA certificate also serves as notice that the filer claims the exclusive use of the name contained in the certificate.
Filing a business certificate at the local level, however, does not protect your name. If you have a business name or a symbol that you consider unique and valuable you may want to register it as a trademark or a service mark.
Trademarks are any word, name, symbol, or device, or any combination for the goods of others. Similarly, there are service marks that may be used to identify and distinguish a business that provides a service rather than goods.
You are not required to register your trademark or service mark with any governmental agency. Trademarks are protected under common law. However, by registering your mark, you may gain certain exclusive ownership benefits under statutory law.